Man who fled after hearing not entitled to discharge

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The motion for discharge under Indiana Criminal Rule 4(C) by a man charged in connection with a gun shop burglary in Morgan County was properly denied by the trial court, the Indiana Court of Appeals held Thursday. Much of the delay in bringing him to trial within a year was attributable to the appellant, including his decision to flee after a hearing.

In Scott Speers v. State of Indiana, 55A01-1208-CR-391, Scott Speers was arrested by police on March 11, 2011, after blood found at the crime scene matched his DNA in the CODIS database. But his jury trial didn’t begin until July 17, 2012. In that time frame, Speers filed a motion to continue because his counsel was going to be out of town on the original trial date of Aug. 24, 2011, and then he later indicated he would plead guilty. Speers was also arrested in another county during this time, and then fled after a Dec. 22, 2011, hearing. He was arrested five days later.

The trial had to be continued so Speers could get a new attorney, as his prior attorney would be a witness in his escape case, and the case was moved to a different court. Nearly 480 days elapsed before Speers went to trial, but enough of the delay was attributable to Speers to support the denial of his Rule 4(C) motion, the Court of Appeals affirmed.

The judges also held that the trial court didn’t erroneously admit results of the DNA testing in violation of the Confrontation Clause of the Sixth Amendment when only DNA analyst Lori James testified. The lab tech who transferred the blood sample from the broken glass in the store to white cloths for testing by James did not testify. Citing Pendergrass v. State, 913 N.E.2d 703, 705 (Ind. 2009), the COA found that James’ testimony regarding the evidence sufficed for Sixth Amendment purposes because she had direct involvement in the testing and analysis of the DNA at issue.

They also rejected his claim that Pendergrass is no longer good law in light of the U.S. Supreme Court’s plurality opinion in Williams v. Illinois, 132 S. Ct. 2221 (2012).

Finally, the appeals court held that the direct examination of the lead detective by the state did not present evidence that created an “evidentiary harpoon,” as Speers contended. He sought a mistrial on the basis the state was leaving the jury to speculate how he was developed as a suspect. The state tried to avoid informing the jury of the CODIS match, which would have indicated Speers had a criminal history.

The trial court correctly denied the motion for mistrial, the judges ruled, because the question by the state and the detective’s response did not inject inadmissible evidence into the trial, and it was simply used by the state as a transition from testimony regarding the initial suspect to the detective’s subsequent investigation of Speers.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...